Guatemalan national released without bail after being arrested for THC-laced gummies that sent 12 NY middle schoolers to hospital

According to Suffolk County District Attorney Raymond Tierney, 22-year-old Wilmer Castillo Garcia is charged with endangering the welfare of a child after 12 William Floyd Middle School students were hospitalized on the same day. The gummies laced with THC, the mind-altering compound in marijuana, were traced to an Instagram account that investigators linked to Castillo Garcia.

Prosecutors also allege he sold cocaine and marijuana to an undercover officer in two separate transactions, leading to two counts of third-degree criminal sale of a controlled substance and other charges. Castillo Garcia has pleaded not guilty.

Defense attorney Matthew Tuohy told Fox News Digital, “My client has had a very, very tough upbringing. He’s basically been on his own. He has family here now that is helping him, and I’m trying to get him on the right path to resolve this the best way we can.”

Although facing four felony counts and two misdemeanors, Castillo Garcia was freed on his own recognizance because his charges do not qualify for bail under New York law. Tierney slammed the no-bail policy, saying, “This is yet another example of how New York’s bail laws are broken. We cannot even ask for reasonable security on a foreign national who allegedly provided THC gummies that sickened middle-schoolers to ensure he faces justice.”

"He hired an attorney, he was present in court at his own volition, and he showed he's not a risk of flight," Tuohy argued. "These are drug cases, not violent cases, so they're not bail-eligible. At the same time, I don't think there was an intent to harm anybody, on anybody's part. It's an unfortunate situation, and we're going to do the best we can to resolve it in the best possible way."

Castillo Garcia returns to court Sept. 2 and could face up to nine years in prison if convicted of the most serious charges.